DATED: 2003

Local Law NO. 1
SECTION 1. LEGISLATIVE INTENT.
The Montgomery County Board of Supervisors does hereby
recognize the importance of the health, safety and welfare of
the residents of the County. It further recognizes that when
the lives or property of its residents are in imminent danger,
then timely and appropriate assistance must be rendered. The
Board has determined that the enhanced emergency telephone
system known as "E911" provides substantial benefits beyond
basic 911 systems through the provision of selective routing
and automatic number and location identification and that
these enhancements not only Significantly reduce the response
time of emergency services but also represent the state-of-art
in fail-safe emergency telephone system technology.
The New York State Legislature has recognized that the
cost of implementing, maintaining and upgrading an E911 system
is costly and has adopted Chapters 756 and 757 of the Laws of
1989 amending the County Law and the Tax Law to provide
counties with a funding mechanism to assist in the payment of
the costs associated with establishing and maintaining an E911
system. It is the intent of the Board of Supervisors to
provide for the health, safety and welfare of the residents of
Montgomery County by adopting this local law imposing a
surcharge on the customers of every telephone service supplier
within the County to pay for the costs associated with
planning, designing, purchasing, operating and maintaining
telecommunication equipment and telephone services needed to
provide and maintain an enhanced 911 emergency telephone
system to service Montgomery County.

SECTION 2. ESTABLISHMENT OF COUNTY SURCHARGE FOR ENHANCED
EMERGENCY TELEPHONE SYSTEM.
The County of Montgomery hereby adopts the applicable
provisions of Chapters 756 and 757 of the Laws, of 1989 as they
pertain to county and emergency telephone systems and hereby
imposes a surcharge in an amount of One Dollar ($1.00) per
access line, per month, on the customers of every telephone
service supplier within the County of Montgomery to pay for
the costs associated with the planning, design, purchase,
obtaining, operating and maintaining of telecommunication
equipment and telephone services needed to provide an enhanced
911 emergency telephone system to serve Montgomery County.

SECTION 3. DEFINITIONS.
All words and phrases used in this local law shall have
the same meaning as defined in Chapter 756 of the Laws of 1989
and as specifically defined in this local laws as follows:
a.) "E911 system" means an enhanced emergency telephone
service which automatically connects a person
dialing the digits 9-1-1 to an established public
service answering point and which shall include, but
not be limited to, selective routing, automatic
number identification and automatic location
identification.
b.) "911 Service Area" means the area within the
geographic boundaries of Montgomery County.
c.) "Service Supplier" means a telephone corporation
which provides local exchange access service within
a 911 service area.

SECTION 4. EFFECTIVE DATE OF IMPOSITION OF SURCHARGE.
All telephone service suppliers which provide local
exchange access service' within the 911 service area in
Montgomery County shall add and impose such surcharge to the
billing of its customers commencing April 1, 2003.

SECTION 5. APPLICATIONS; LIMITATION; EXEMPTIONS.
a.) The surcharge established pursuant to this local law
and Chapters 756 and 757 of the Laws of 1989 shall be imposed
on a per access line basis on all current bills rendered for
local exchange access service within the 911 service area in
Montgomery County.
b.) No surcharge shall be imposed upon more than fifty
(50) exchange access lines per customer per location.
c.) Lifeline customers and the County of Montgomery shall
be exempt from the surcharge imposed under this local 'law.

SECTION 6. COLLECTION OF SURCHARGE.
(2)
a.) The appropriate service supplier or suppliers serving
the 911 service area in Montgomery County shall act as
collection agents for the County and shall remit the funds
collected as the surcharge to Montgomery County Treasurer
every two months. Such funds shall be remitted no later than
thirty (30) days after the last business day of such period.
b.) The service supplier shall be entitled to retain as
an administrative fee an amount equal to two percent (2%) of
its collections of the surcharge.
c.) The surcharge required to be collected by the service
supplier shall be added to and stated separately in its
billings to the customer.
d. ) The service supplier shall annually provide to the County an accounting of the
surcharge amounts billed and collected.

SECTION 7. LIABILITY FOR SURCHARGE.
a.) Each service supplier customer who is subject to the
provisions of this local law shall be liable to the County for
the surcharge until it has been paid to the County, except
that payment to a service supplier is sufficient to relieve
the customer from further liability for such surcharge.
b.) The service supplier shall have no obligation to take
any legal action to enforce the collection of any surcharge.
However, whenever the service supplier remits the funds
collected as the surcharge to the County, it shall also
provide the County with the name and address of any customer
refusing or failing to pay the surcharge imposed by this local
law and shall state the amount of such surcharge remaining
unpaid.

SECTION 8. SYSTEM REVENUES; ADJUSTMENT OF SURCHARGE.
All surcharge monies remitted to the. County by a service
supplier and all other monies dedicated to the payment of
system costs from whatever source derived or received by the
County shall be expended only upon authorization of the Board
of Supervisors and only for payment of system costs as
permitted by Chapters 756 and 757 of the Laws of 1989. The
County shall separately account for and keep adequate books
and records of the amount and source of all such revenues and
of the amount and object or purposes of all expenditures
thereof. If at the end of any fiscal year the total amount of
all such revenues exceeds the amount necessary and expended
for payment of system costs in such fiscal year, such
unencumbered cash surplus shall be carried over for the
payment of system costs in the following fiscal year.
However, if at the end of any fiscal year such unencumbered
cash surplus exceeds an amount equal to five percent (5%) of
that necessary for the payment of system costs in such fiscal
year, the Board of Supervisors shall, by local law, reduce the
surcharge for the following fiscal year to a level which more
(3)
adequately reflects the system costs requirements of its E9l1
system. The Board may also, by local law, reestablish or
increase such surcharge, subject to the provisions of Chapters
756 and 757 of the Law of 1989 and this local law, if the
revenues generated by such surcharge and by any other source
are not adequate to pay for system costs.

SECTION 9. SAVING CLAUSE.
If any clause, sentence or paragraph of this local law
shall be adjudged by any court of competent jurisdiction to be
invalid, such adjudications shall not affect, impair or
invalidate the remainder of the local law which shall as to
such remainder remain in effect.

SECTION 10. EFFECTIVE DATE.
This local law shall take effect upon its filing thereof
in the Office of the Secretary of State.